Reminders on the Process to Promote the Unity and Stability of Families
On June 18, the Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process. DHS is establishing a process to consider, on a case-by-case basis, requests for Parole In Place (PIP) for certain spouses of U.S. citizens who have been in the U.S. for at least a decade. If this permission is granted, the beneficiary would be eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen without having to leave the United States.
USCIS will begin accepting applications on August 19. Applications received by USCIS before August 19 will be rejected. More information on eligibility and the application process will be published in a forthcoming Federal Register notice. For now, here’s what is known about the process:
Eligibility
To be considered for a discretionary grant of PIP, applicants must meet the following criteria:
- Entered the United States without legal admission or parole;
- Have been continuously present in the United States for at least 10 years before June 17, 2024;
- Have a legally valid marriage to a U.S. citizen before June 17, 2024;
- Do not have disqualifying criminal history or pose a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
More information about these eligibility criteria will be provided in the next Federal Register notice. USCIS also indicates that certain non-citizen children of applicants may be considered under this process if, as of June 17, 2024, they were physically present in the United States without legal admission or parole and have a qualifying stepchild relationship with a U.S. citizen. More information about this specific case will be provided in the next Federal Register.
Timeline
You cannot apply for this process yet. The Federal Register will further explain eligibility and the application process, including the form to use and associated filing fees. If you submit your application before the implementation date in the Federal Register notice, your application will be rejected.
What You Can Do Now
As with any case requiring proof of U.S. residency for a period of time, it’s important to start gathering evidence of your eligibility, such as:
- Evidence of your legally valid marriage to a U.S. citizen as of June 17, 2024: Marriage certificate;
- Documentation proving identity, including expired documents like:
- Valid state or country driver’s license;
- Birth certificate with photo identification; and
- Valid passport; or
- Any government-issued document with your name, date of birth, and photo.
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization;
Documentation to demonstrate your continuous presence in the United States for at least 10 years, until June 17, 2024.
While more information will be provided in the next Federal Register notice and subsequent FAQs, examples of documentation could include copies of:
- Rent receipts or utility bills;
- School records (letters, report cards, etc.);
- Hospital or medical records;
- Attestations of residence by religious entities, unions, or other organizations, identifying you by name;
- Official records from a religious entity confirming participation in a religious ceremony;
- Money order receipts for money sent into or out of the United States;
- Birth certificates of children born in the United States;
- Dated bank transactions;
- Automobile license receipts, title, or registration;
- Deeds, mortgages, or rental agreement contracts;
- Insurance policies; or
- Tax returns or tax receipts.
For non-citizen children of applicants, evidence of eligibility could include:
- Evidence of the child’s relationship to the non-citizen parent, such as a birth certificate or adoption decree;
- Evidence of the non-citizen parent’s legally valid marriage to a U.S. citizen before June 17, 2024, such as a marriage certificate; and
- Evidence of the child’s presence in the United States until June 17, 2024.
¡mucho cuidado!
Cuídese de los notarios, consultores en inmigración o cualquier persona no calificada y preparada en estos temas. Siempre busque la asesoría y los servicios de un abogado de inmigración para sus procesos y trámites migratorios.